HomeMy WebLinkAboutRESO 10012
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Resolution No. 10012
Resolution of the Council of the City of Palo Alto to Authorize
Participation in the California Arrearage Payment Program for Electric
and Gas Utilities
R E C I T A L S
A. The State Budget Act of 2021, as established by Assembly Bill No. 128 (Chapter 21,
Statutes of 2021) and as amended by Senate Bill No. 129 (Chapter 69, Statutes of 2021),
provided $993,500,000 to the State Department of Community Services and
Development (“Department”) to administer the California Arrearage Payment Program
(CAPP) to reduce delinquent electricity and natural gas utility balances for customers
experiencing financial hardships related to the economic impacts of the COVID -19
pandemic.
B. Funding for CAPP is payable from the State’s share of the federal Coronavirus Fiscal
Recovery Fund of 2021.
C. Assembly Bill No. 135 (Chapter 85, Statutes of 2021) formally established the CAPP
within the Department, enumerating the program’s requirements for utility
participation and setting aside $298,953,250 for financial assistance to customers of
local publicly owned electric and gas utilities.
D. A local publicly owned electric utility is considered a utility applicant under CAPP and
may apply to the department for CAPP funds for eligible customer accounts for past due
bills during the COVID-19 pandemic bill relief period.
E. Eligible customers are all residential and commercial customers. Past due bills mean any
customer utility bills that are 60 days or more past due and includes both active and
inactive accounts, as well as customer accounts that have payment plans or payment
arrangements. The COVID-19 pandemic bill relief period means the period starting
March 4, 2020 and ending June 15, 2021.
F. City of Palo Alto Utilities (CPAU) is a local publicly owned electric and gas utility with
eligible customer accounts with past due electric and gas bills during the COVID-19
pandemic bill relief period.
G. To receive CAPP funding on behalf of eligible customers, a utility applicant must
complete both a utility survey and application including submitting all necessary data
and information to support the utility applicant’s request for CAPP funding.
H. CPAU uploaded the completed Utility CAPP Survey to Department servers on September
9, 2021, supporting CPAU’s request for $1.13 million in customer electricity and natural
gas arrearage funding. The Department requested additional documentation on
December 16, 2021, which CPAU submitted on December 20, 2021.
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I. Because total utility funding requests from across the state exceeded the Department’s
program budget, the Department is anticipated to grant 65% of CPAU’s requested
funds. Upon the Department’s receipt of CPAU’s additional documents, the Department
is anticipated to allocate to CPAU $735,969 of funding to apply to customer accounts,
with $486,876 applying to electric accounts and $249,093 applying to gas accounts.
J. CPAU is required to disburse funds as expeditiously as possible to utility applicants, but
no later than January 31, 2022.
K. Within 60 days of receiving CAPP funds, CPAU must issue CAPP Assistance benefits to
customers as bill credits to help address the eligible past due balance and must include a
statement that the credits are a result of California’s CAPP funding. Eligible CPAU
customers need not apply for the program.
L. Where CAPP funding is not sufficient to meet all need, CAPP requires CPAU to prioritize
the issuance of CAPP assistance in a particular order. Assistance must go first to active
residential customers who are past due and who, absent the CAPP assistance, might be
subject to service disconnection, consistent with current law, due to nonpayment of
balances incurred during the COVID-19 pandemic bill relief period. Second, assistance
must go to active residential customers with delinquent balances incurred during the
COVID-19 pandemic bill relief period. Assistance must then go to inactive residential
accounts with delinquent balances incurred during the COVID-19 pandemic bill relief
period. Last, assistance must go to commercial customers with delinquent balances
incurred during the COVID-19 pandemic bill relief period.
M. Assembly Bill No. 135 created customer protections to require a utili ty applicant to
notify customers of the option to enter into an extended payment plan with late fees
and penalties waived for any remaining balanced after CAPP funds are credited to the
customer’s account, to refrain from discontinuing service while CAPP applications are
pending, for 90 days after the CAPP benefit is applied to a customer account, and while
a customer remains current on a repayment plan, and to waive associated late fees and
accrued interest for customers awarded CAPP benefits.
NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. The Council hereby approves CPAU’s participation in CAPP and
authorizes the Director of Utilities or his designee to execute program participation on behalf of
the City of Palo Alto.
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SECTION 2. The Council finds that the adoption of this resolution does not meet
the definition of a project under Public Resources Code Section 21065, thus, no environmental
assessment under the California Environmental Quality Act is required.
INTRODUCED AND PASSED: January 10, 2022
AYES: BURT, CORMACK, DUBOIS, FILSETH, KOU, STONE, TANAKA
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________
Assistant City Attorney City Manager
_____________________________
Director of Utilities
_____________________________
Director of Administrative Services
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Subject: Please DocuSign: RESO 10012 CA Elec and Gas Arrearage Payment Program.docx
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